bill on how long clerks keep exhibits

The text as introduced · 369 words

89R6182 AJZ-F

By: West
S.B. No. 2558

A BILL TO BE ENTITLED

AN ACT

relating to the disposal of exhibits used in criminal proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2A.155, Code of Criminal Procedure, is

amended by amending Subsections (a) and (b) and adding Subsection

(b-1) to read as follows:

(a) In this article, "eligible exhibit" means an exhibit

filed with the clerk of a court that:

(1) is not a firearm or contraband;

(2) has not been ordered by the court to be returned to

its owner; and

(3) is not an exhibit in any other [ another pending ]

criminal action that is pending final disposition .

(b) An eligible exhibit may be disposed of as provided by

this article:

(1) on or after the first anniversary of the date on

which a conviction becomes final in the case, if the case is a

misdemeanor [ or a felony for which the sentence imposed by the court

is five years or less ];

(2) on or after the second anniversary of the date on

which a conviction becomes final in the case, if the case is a

[ noncapital ] felony for which the sentence imposed by the court is

[ greater than ] five years or less ;

(3) on or after the 10th anniversary of the date on

which a conviction becomes final in the case, if the case is a

noncapital felony for which the sentence imposed by the court is

greater than five years;

(4) on or after the first anniversary of the date of

the acquittal of the defendant; or

(5) [ (4) ] on or after the first anniversary of the date

of the death of the defendant.

(b-1) Notwithstanding Subsection (b), if the exhibit is

filed in the trial of more than one criminal case, an eligible

exhibit may be disposed of beginning on the expiration of the

longest period that remains applicable, calculated for each trial

according to the dates specified under Subsections (b)(1), (2),

(3), (4), and (5), on the date the exhibit becomes an eligible

exhibit under Subsection (a).

SECTION 2. This Act takes effect September 1, 2025.